United States of America v. State of California et al

Filing 47

MOTION for LEAVE to FILE AMICI CURIAE BRIEF in Support of Plaintiff by National Sheriffs' Association, Advocates for Victims of Illegal Alien Crime, Fight Sanctuary State. Attorney Axelrod, Julie Beth added. (Attachments: # 1 Proposed Amicus Brief)(Axelrod, Julie) Modified on 4/6/2018 (Mena-Sanchez, L).

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Julie B. Axelrod
California Bar No. 250165
Christopher J. Hajec
Mark S. Venezia
Immigration Reform Law Institute
25 Massachusetts Ave, Suite 335
Washington, DC 20001
[phone] (Tel)
[phone] (Fax)
[e-mail]
[e-mail]
[e-mail]
Counsel for Prospective Amici Curiae National Sheriffs’ Association, Advocates for Victims of
Illegal Alien Crime, and Fight Sanctuary State

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IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Plaintiff,
v.

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STATE OF CALIFORNIA, et al.,
Defendants.

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______________________________________

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No. 2:18-cv-00490-JAM-KJN
MOTION OF NATIONAL
SHERIFFS’ ASSOCIATION AND
VICTIMS’ ORGANIZATIONS FOR
LEAVE TO FILE AMICI CURIAE
BRIEF IN SUPPORT OF
PLAINTIFF
Judge: Hon. John A. Mendez
NO HEARING NOTICED

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Prospective amici curiae National Sheriffs’ Association, Advocates for Victims of Illegal
Alien Crime, and Fight Sanctuary State respectfully move this Court for an Order to grant them
leave to file an amici curiae brief in this action. A proposed Order is attached.

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MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF OF NATIONAL SHERRIFS’ ASSOCIATION AND
VICTIMS’ ORGANIZATIONS IN SUPPORT OF PLAINTIFF’S MOTION FOR A PRELIMINARY
INJUNCTION

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INTEREST AND IDENTITY OF AMICUS CURIAE

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The National Sheriffs’ Association (“NSA”) is a professional association that represents

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thousands of sheriffs, deputies, other law enforcement officials, public safety professionals, and
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concerned citizens nationwide. In keeping with its mission to support law enforcement officers
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and law enforcement, NSA supports the enforcement of the nation’s immigration laws, which
both California Assembly Bill 450 (“AB 450”) and Senate Bill 54 (“SB 54”) frustrate.
Advocates for Victims of Illegal Alien Crime (“AVIAC”) is an advocacy organization

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founded and led by individuals, including Californians, who have lost family members because

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of crimes committed by illegal aliens. AVIAC’s mission is to be both a source of support for

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such victims across the country and an advocate for policies that will enforce the nation’s

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immigration laws and prevent government actors from sheltering illegal aliens, particularly

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criminal aliens, from deportation. AVIAC therefore takes an interest in the case at bar, which

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seeks to overturn AB 450 and SB 54, both of which frustrate the enforcement of immigration

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laws.

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Fight Sanctuary State (“FSS”) is a California-based advocacy organization also founded

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and led by individuals who have lost family members because of illegal alien crime. FSS is

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dedicated specifically to working to overturn or repeal laws in the state of California, such as AB

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450 and SB 54, that protect illegal aliens, including criminal aliens, from law enforcement.

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CORPORATE DISCLOSURE STATEMENT
None of these prospective amici curiae has a parent company, and none issues stock.
ARGUMENT
NSA, AVIAC, and FSS submit this amici curiae brief to assist this Court in
understanding how, in numerous ways in addition to those identified in plaintiff’s brief in
support of its motion for a preliminary injunction, provisions of California’s law challenged in

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this action violate both the U.S. Constitution and federal statutory law.
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Proposed amici curiae make several arguments that plaintiffs make either glancingly or
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MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF OF NATIONAL SHERRIFS’ ASSOCIATION AND
VICTIMS’ ORGANIZATIONS IN SUPPORT OF PLAINTIFF’S MOTION FOR A PRELIMINARY
INJUNCTION

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not at all: 1) that the challenged provisions of SB 54 and AB 450 not only are preempted because

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they stand as obstacles to congressional purposes behind federal immigration law, but that the
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challenged provisions of SB 54 violate the Supremacy Clause directly, by mandating that local
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officials attempt to block federal officers from performing their duty to enforce federal law; 2)
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that the challenged provisions of SB 54 and AB 450 are not exercises of powers reserved to the
states by the Tenth Amendment; 3) that, in the challenged provisions of SB 54, California has
impermissibly enacted its own foreign policy; 4) that the challenged provisions of SB 54 compel
local law enforcement to commit harboring, in violation of federal statutory law; and 5) that the
challenged provisions of AB 450 violate the petitioning rights of employers.
The parties have consented to the filing of this amici curiae brief. No counsel for a party

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authored this brief in whole or in part and no person or entity, other than amici curiae, their

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members, or their counsel, has contributed money that was intended to fund preparing or

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submitting the brief.
CONCLUSION

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For the foregoing reasons, the instant motion for leave to file an amici curiae brief should
be granted.
Dated: April 6, 2018

Respectfully submitted,

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/s/ Julie B. Axelrod
Julie B. Axelrod
California Bar No. 250165
Christopher J. Hajec
Mark S. Venezia
IMMIGRATION REFORM LAW
INSTITUTE
25 Massachusetts Avenue, NW
Suite 335
Washington, DC 20001
[phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Amici Curiae

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MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF OF NATIONAL SHERRIFS’ ASSOCIATION AND
VICTIMS’ ORGANIZATIONS IN SUPPORT OF PLAINTIFF’S MOTION FOR A PRELIMINARY
INJUNCTION

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IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,

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v.

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STATE OF CALIFORNIA, et al.,
Defendants.
______________________________________

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CASE No. 2:18-cv-00490-JAM-KJN
[PROPOSED] ORDER
Honorable John A. Mendez

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It is hereby ORDERED that the Motion for Leave to File Amici Curiae Brief of

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prospective amici curiae National Sheriffs’ Association, Advocates for Victims of Illegal Alien

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Crime, and Fight Sanctuary State is GRANTED; and that the Clerk is ordered to file the amici

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curiae brief that accompanied the motion on the docket. IT IS SO ORDERED this

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______________________.

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U.S. DISTRICT JUDGE

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MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF OF NATIONAL SHERRIFS’ ASSOCIATION AND
VICTIMS’ ORGANIZATIONS IN SUPPORT OF PLAINTIFF’S MOTION FOR A PRELIMINARY
INJUNCTION

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CERTIFICATE OF SERVICE

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I hereby certify that on April 6, 2018, I electronically filed the foregoing motion for leave
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to file and proposed order, together with the accompanying amici curiae brief, with the Clerk of
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the Court for the United States District Court for the Eastern District of California. Participants
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in the case who are registered CM/ECF users will be served by the CM/ECF system. Parties
may access this filing through the Court’s CM/ECF System.

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/s/ Julie B. Axelrod
Julie B. Axelrod

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MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF OF NATIONAL SHERRIFS’ ASSOCIATION AND
VICTIMS’ ORGANIZATIONS IN SUPPORT OF PLAINTIFF’S MOTION FOR A PRELIMINARY
INJUNCTION